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HomeMy WebLinkAboutResolution 2802 .- � Cit o� ORONO � � . . • Q�7 F, RESOLUTION OF THE CITY COUNCIL � .:�. , � NO. 2802 - " • - • • A RBSOLIITION GRANTING A CONDITIONAL DSE PERIKIT PER MUNICIPAL ZONING CODE SECTION 10.31, SDBDIVISION 3 (D) AND � A VARIANC$ TO SECTION 10.31, SIIBDIVISION 11 FILE #1518 WHEREAS , Alan Wisdorf, Chairman of the Board of Governors , Big Island Veterans ' Camp (hereinafter "the applicant") has an interest in the property located on Big Island per Orono Classification Record Lot #1 within the City of Orono (hereinafter "City") and legally described as follows: � See Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to allow construction of 5 cabins �within the existing overnight camp area to remain at a 3 0 camp • unit level' and a variance to Section 10.31, Subdivision 11 that would require block type construction for foundations instead of the pier foundations as proposed. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1518 2. The property is located in the RS Seasonal Recreational Zoning District. Per Section 10.31, Subdivision 3 (D) , the current recreational use level of the facility will require the following area allowances: : . 25 tent camp sites require 12.5 acres � 5 cabins require 5 acres - day recreation use at 240 user level requires 12 acres � TOTAL AREA REQUIRED = 29.5 acres Existing Acreage = 57 acres 3. On April - 16, 1990 the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: • � . Page 1 of 5 � - Cit� o� ORONO • Q� RESOLUTION OF THE CITY COUNCIL � NO. 2802 � • - • • A) The 57+ acre site is large enough to support a day use recreation area and overnight camping use as amended without any adverse effect upon the lake or upon the adjacent wetlands that are located within the subject property. B) The proposed use wil 1 have no negative impact upon the neighboring property. C) Based upon the proposed level of use, the fire protection system developed by staff and applicant will continue to provide the necessary precaution in maintaining the public safety and welfare. D) The proposed use wi 11 require no variances to the required standards� set forth in Section 10.31 , Subdivision 3 (D) for overnight camping use. . E) The City continues to receive no negative comments } from the permanent or seasonal residents of Big Island since the camp reopened in 1988 for day recreation use. � • F) Pier foundation proposed with the construction of the 5 cabins is consistent with previously approved . repairs .to foundations of existing cabins at camp in 1987 and 1988. , . 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance wo.uld not adversely affect light, air nor pose a fire hazard or other danger to neighboring . properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable � hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use � permit for the construction of 5 cabins will not be detrimental to the health, safety or gerieral welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor wil 1 it depreciate surrounding property values and that the proposed level of use of the property wi11 be in keeping • with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 . . � , ; C�t o� ORONO �. - 3' • C�IQ? RESOLUTION OF THE CITY COUNCIL , � NO. 2802 • - • • The City Couricil has considered this application including the findings and ,recommendation of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety and welfare of the community. CONCLDSIONS, ORDffit AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Sections 10.31, Subdivision 3 (D) to permit the construction of 5 cabins as an expansion of overnight camp use at Big Island Veterans' Camp, Record Lot #1, and approves a variance that would allow the construction of pier foundations for each proposed cabin where block foundations are required, subject to the following conditions: l. Applicant to apply for a joint use dock license from the City of Orono for the 1990 season. , 2. Al 1 low lying shrubs and trees to be trimmed within 100' � of the defined camp site area. This area to be maintained in same manner throughout overnight camping season. 3. A1 1 11 remaining buildings to remain secured as directed by the Orono� Building Inspection Department. , 4. A1 1 designated fire stations to be ready for use for the 1990 season as shown on Big Island Site Plan for Overnight Camping, dated April 5, 1989, and made part of the official record in the approval of Resolution #2613. Applicant to arrange for an inspection by the Orono staff to insure � � compliance. �� - 5. Any changes in signage for the 1990 season must be approved by staff. No signage area can exceed 50 s.f. 6. Appropriate signage must be provided within each cabin detering the use of "out door" stoves within interior of cabin. , 7. No internal plumbing has been approved for the 5 cabins. 8. The City does not recognize the 5 cabins as accessible to the handi•capped. - . Page 3 of 5 � - • � � _ . . _ . - ��. j � Clt o��ORONO � _-� __ � t _. ._ ._ . . _ . - �' ���N , •°rt `. �'j �, RESOLUTION OF THE CITY COUNCIL , . � . NO. 2802 .. • - • • - ` . All cabins shall meet the appropriate and applicable . minimum requirements of Section 10.31, Subdivision 11. This would include smoke detectors in all bedroom areas and fire extinguishers per standards set forth in that same section. 10. Applicant is hereby advised that if at any time the existing septic facilities are determined to be insufficient or failing upon the regular inspection by the Orono staff, that all or partial overnight camp use shall cease immediately. Overnight camping at the 5 cabin/25 tent and recreational day use shall not be reopened for public use until applicant has installed adequate septic treatment facilities to support sewage needs of the full camp use. 11. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit for the retaining wa 11 s within one year of the date of Counci 1 approval, or the special conditions of this resolution will expire on that date (May 14, 1991). • 12. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � 13. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the Board of Governors of Big Is land Veterans' Camp, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. . , Adopted by the Orono City Council on this 14th day of May, 1990. ATT T: . Do othy M allin, City Cler Jam s R. Grabek, ayor _ � r���-�' � _ Property Own s . . . _ . • � �. - • . Page 4 of 5 ' _. . . , . __ _ : � .. - i • -� - � _ _ - : .. -. i' , - . - ; . . � - -.. � `C�t� o� ORONO � . ' ; . � � - � Q� � RESOLUTION OF THE CITY COUNCIL 'I . � NO. 2802 � . • - • • . ; � . � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 14th day of May, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota ; municipal corporation and said instrument was executed on behalf ; of the City. � ; '/��Gt� THERE8A L NAAB Notary Public � NOTARY PUBLIC-MINNESOTA ' � HENNEPIN COUNTY i �IIy�ortunlalon�xplrw a-e-s2 �'� : -� a My Commission Expires ,� � � STATE OF MINNESOTA ) ; ) ss. � COUNTY OF HENNEPIN ) � � On this 7 � day of �(�c.�yt.�� _, 199� • , � before me a Notary Public within and for said county, ersonalr � appeared � c%,- � cf e`7o/S ! on behalf of the Board Governors Big Is and Veterans' p. ' known to me to be the person(s) described in and who executed the � foregoing instrument, and acknowledged that he (they) executed ; the same as his (their) free act and deed. . � . ; � � THERE3A L. NAAB NOTARY PUBLIC j NGTARY PUBUO-M�NNESOTA ; �b EN��°iN�'� ! �'-�'-9a ; _ MY COMMISSION EXPIRES � . ' Page 5 of 5 R • � . . _ i I � • • • i ' . . . _ ' . � j . 1 .,�; { � � vT:.`..C.' -. ' . .. . , . . . - ' -�z' RESOLUTION #2802 •-� �� ' . . �-- --_ . .. �.._.._ ---�_.._- . " . � . � Zoning File #1385 "- . � . -- _. , . - - EXHIBIT A � � � Government Lot One (1) . Section Fourteen (14) , Township One Hundred Seventeen (117), Range Twenty-�ha� �a=t' ofn GovernmentnLot�Three (3), Section Twenty-Three (23). �d P at the Northeast corner of said Section Twenty-three (23), commencing thence Government Lot Th=he lake� shore tonthe Northeastecorner} of Lot A, SouthwesterZy along t Thence Morse Island ParkoreTof Lake�biinneto ka to the East 1 nenof�said Lot East along tne sh lace of beginning (hereinafter "the Three (3 ) ; thence North to the p � property"): and � ., • • .